An Ordinance to amend the Comprehensive Plan by Adopting the Hilltop Strategic Growth Area Master Plan, July 2012, and revising the Policy Document.

Transcription

1 Item #1 City of Virginia Beach An Ordinance to amend the Comprehensive Plan by Adopting the Hilltop Strategic Growth Area Master Plan, July2012, and revising the Policy Document. CONSENT An Ordinance to amend the Comprehensive Plan by Adopting the Hilltop Strategic Growth Area Master Plan, July 2012, and revising the Policy Document. The Hilltop Strategic Growth Area Master Plan is the result of an extensive public participation process involving residents in the area, property owners, the business community, environmentalists, Navy, City and other stakeholders. The document provides guidance to assist in creating a sense of place within the many components of the Hilltop Strategic Growth Area. The master plan sets the framework to continue forward in a direction that reflects the area s history, is sensitive to the environment, acknowledges existing conditions and responds to the challenges of transportation and infrastructure needs. 10 NAY 0 ABS 0 1 HODGSON RUCINSKI THORNTON By a vote of 10-0, the Commission approved item 1 by consent. Paul Ostergaard appeared before the Commission on behalf of the applicant.

2 Item 2 Webster R. & Mary Elizabeth Lawler Subdivision Variance 6902 Atlantic Avenue District 5 Lynnhaven REGULAR An application of Webster R. & Mary Elizabeth Lawler for a Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance on property located at 6902 Atlantic Avenue, District 5, Lynnhaven. GPIN: NAY 0 ABS 0 1 HODGSON RUCINSKI THORNTON By a vote of 10-0, the Commission approved item 2. Eddie Bourdon appeared before the Commission on behalf of the applicant. Billy Almond, John Waller, Marj Pantone, and David Jester appeared in support of the application.

3 Item #3 TGM Realty Investors, Inc. Conditional Use Permit 555 S. Independence Boulevard District 2 Kempsville CONSENT An application of TGM Realty Investors, Inc. for a Conditional Use Permit for a college higher education on property located at 555 S. Independence Boulevard, District 2 Kempsville. GPIN: CONDITIONS 1. When the site is developed, it shall be in substantial conformance with the submitted plan entitled, Conceptual Plan for Conditional Use Permit, Stratford University, prepared by Engineering Services, Inc., Sheets 1 and 2, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. The limits of land disturbance on the southern portion of the property shall not extend farther than 15 feet of the edge of parking lot as depicted on the submitted plans entitled, Conceptual Plan for Conditional Use Permit, Stratford University, prepared by Engineering Services, Inc., Sheets 1 and 2, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. When the building is constructed, it shall be in substantial conformance with the submitted elevations entitled, Stratford University, prepared by Freeman Morgan Architects, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. Furthermore, as provided for by Section 221(i) of the City Zoning Ordinance, and based on a finding that there will be no significant detrimental effects on surrounding properties, the maximum height of the building shall not exceed 47 feet. 4. Any new freestanding sign shall be monument style, no higher than eight feet, with a base to match the proposed exterior building color and materials. A landscaped area, a minimum of 75 square feet, must be installed around the base of any new freestanding sign.

4 Item #3 TGM Realty Investors, Inc. Page 2 5. Where deficient, Streetscape Landscaping shall be installed as set forth and required in the City of Virginia Beach Landscaping Guide. Said plant material, both existing and proposed, shall be depicted on the final site plan. 6. In accordance with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 7. No trash dumpster shall be located along the southern portion of the parking lot. Any trash dumpster on the site shall be screened as required by the City of Virginia Beach Landscaping Guide. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site.

5 Item #4 John H. Johnson Conditional Use Permit 100 block of Jersey Avenue District 4 Bayside REGULAR An application of John H. Johnson for a Conditional Use Permit for bulk storage motor vehicles on property located on the 100 block of Jersey Avenue, District 4, Bayside. GPIN: CONDITIONS 1. The site shall be kept in an orderly and tidy manner. 2. No outdoor storage of any kind other than motor vehicles shall be permitted. No outdoor storage of equipment, parts, materials or junked vehicles shall be permitted. 3. Any vehicle towed to the storage yard shall be operable, with the exception of wrecked vehicles towed to the site. A determination of operability of a wrecked vehicle shall be made within five business days of arrival at the site. No wrecked vehicle shall remain on the site for more than five business days. 4. The parking or storage of motor vehicles or trailers within the right-of-way shall be prohibited. 5. The Conditional Use Permit is valid for 2 years from date of City Council approval. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.

6 Item #4 John H. Johnson Page 2 All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 10 NAY0 ABS 0 1 HODGSON RUCINSKI THORNTON By a vote of 10-0, the Commission approved item 4.

7 Item #5 Reserve Investments II, Inc. Change of Zoning 527 N. Witchduck Road District 4 Bayside CONSENT An application of Reserve Investments II, Inc. for a Change of Zoning from PD-H2 Planned Development (A-12 Apartment) to P-1 Preservation District on property located at 527 N. Witchduck Road, District 4, Bayside. GPIN: NAY 0 ABS 0 1 HODGSON RUCINSKI THORNTON By a vote of 10-0, the Commission approved item 5 by consent. Michael Perry appeared before the Commission on behalf of the applicant. Ella Bunbar appeared in opposition and then withdrew her opposition.

8 Item #6 Grace Bible Church Modification of a Conditional Use Permit 2976 Ansol Lane District 6 Beach CONSENT An application of Grace Bible church for a Modification of a Conditional Use Permit for religious use approved by City council on April 24, 2007 and modified on May 25, 2010 on property located at 2976 Ansol Lane, District 6, Beach. GPIN: CONDITIONS 1. All conditions with the exception of Numbers 1 and 2 attached to the Conditional Use Permit granted by the City Council on April 24, 2007 and modified on May 25, 2010 remain in effect. 2. Condition Number 1 of the May 25, 2010 modified Conditional Use Permit is deleted and replaced with the following: When the site is developed, it shall be developed in substantial conformance with the plan entitled, Grace Bible Church; Ansol Lane, West of Landmark Square, prepared by Martin Engineering and dated March 26, 2010, except the applicant may erect a tent in the area of proposed Phase 3 depicted on the site plan subject to Conditions 4, 5, and 6 of this Modification. 3. Condition Number 2 of the May 25, 2010 modified Conditional Use Permit is deleted and replaced with the following: The church building shall be constructed in substantial conformance with the elevation entitled New Facility for Grace Bible Church; Virginia Beach, Virginia, prepared by Covington Hendrix Anderson Architects, and dated March 23, 2010, except the applicant may erect a tent in the area of proposed Phase 3 depicted on the site plan subject to Conditions 4, 5, and 6 of this Modification.

9 Item #6 Grace Bible Church Page 2 4. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Planning Department and from the Fire Department before erecting the tent. 5. The use of the tent is limited to the requirements listed in the Uniform Statewide Building Code and the State Fire Prevention Code. If the tent is enclosed on the sides, the applicant shall obtain necessary permits and inspections from the Fire Department. 6. This Modification of the April 24, 2007 Conditional Use Permit and its subsequent modification on May 25, 2010, is approved for three years from the date of City Council approval. If the applicant desires to continue the use of the tent after the three year period, the Zoning Administrator, with the concurrence of the Building Official, may review and renew the use on an annual basis. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 10 NAY 0 ABS 0 1 HODGSON

10 Item #6 Grace Bible Church Page 3 RUCINSKI THORNTON By a vote of 10-0, the Commission approved item 6 by consent Eddie Bourdon appeared before the Commission on behalf of the applicant.

11 Item #7 Royal Auto Sales, L.L.C. Modification of a Conditional Use Permit 4928 Virginia Beach Boulevard District 4 Bayside REGULAR An application of Royal Auto Sales, L.L.C. for a Modification of a Conditional Use Permit for motor vehicle sales approved by City Council on November 25, 2003 on property located at 4928 Virginia Beach Boulevard, District 4, Bayside. GPIN: The existing use is acceptable as an interim use for the Pembroke SGA 4 Central Village district; however, increasing the intensity of the use is not acceptable. The vision for the area is to consolidate parcels and develop uses that conform to the Comprehensive Plan recommendations. The previous owner of this site developed it for display of 21 vehicles, and the site complied with drive-aisle widths for twoway traffic. The site as developed has a right-in / right-out only access, 25 feet in width, to Virginia Beach Boulevard. Angling of the parking spaces, as proposed by the applicant, will narrow the drive-aisle widths; reducing the aisle width will result in one-way traffic on the site, which due to the location and size of the building on the site, will make maneuvering a vehicle on the site difficult, creating an unsafe situation. Staff s visit to the site confirmed these observations. In particular, maneuvering through the site was difficult. A motion to deny the application was made by Commissioner Rucinski and was seconded by Commissioner Ripley. 10 NAY 0 ABS 0 1 HODGSON

12 Item #7 Royal Auto Sales, L.L.C. Page 2 RUCINSKI THORNTON By a vote of 10-0, the Commission denied item 7. Brett Thompson appeared before the Commission on behalf of the applicant.

13 Item #8 Tench H. Phillips, Jr. Modification of a Conditional Use Permit 4949 Virginia Beach Boulevard District 4 Bayside CONSENT An application of Tench H. Phillips, Jr. for a Modification of a Conditional Use Permit for motor vehicle sales and service approved by City Council on August 25, 1995 on property located at 4949 Virginia Beach Boulevard, District 4, Bayside. GPIN: CONDITIONS 1. The redevelopment of the Property shall substantially conform to the Conceptual Site Layout & Landscape Plan of Phillips Mercedes-Benz, Virginia Beach, Virginia dated May 1, 2012 prepared by MSA, P.C. Said plan has been exhibited to City Council and is on file in the Planning Department of the City of Virginia Beach. 2. The elevations of the building improvements to be constructed on the Property shall substantially conform with the architectural renderings entitled Exterior Elevations and Phillips Mercedes-Benz, 4949 Virginia Beach Boulevard, Virginia Beach dated May 1, 2012 and prepared by Clear Architectural Design, LLC, and Proposed Exterior Elevation LR Phillips Virginia Beach dated Said elevations have been exhibited the City Council and is on file in the Planning Department of the City of Virginia Beach. 3. The applicant shall submit a Lighting Plan and/or Photometric Diagram Plan during detailed site plan review. Said plan shall include the location of all pole-mounted and building-mounted lighting fixtures, as well as the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non-business hours. 4. Vehicles shall be parked within the delineated designated parking spaces areas, and

14 Item #8 Tench H. Phillips, Jr. Page 2 no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised platform, except vehicles may be displayed on the articulation demonstration test track in the location depicted on the Conceptual Site Layout and Landscape Plan. Vehicles shall not be displayed or parked within any landscape area on the site. Vehicles shall not be displayed with the hood of the vehicle open. 5. There shall be no electronic display signs, pennants, streamers, balloons, portable signs, strings of lights, or banners displayed on the site or the vehicles. 6. No outdoor speakers or public address system shall be permitted. 7. All automotive repair work shall be conducted within the building. No outside storage of parts, equipment, or equipment other than in a designated screened area at the southeastern portion of the site. No outside storage of vehicles wrecked or in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, such vehicles shall be stored within the building. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 10 NAY 0 ABS 0 1 HODGSON

15 Item #8 Tench H. Phillips, Jr. Page 3 RUCINSKI THORNTON By a vote of 10-0, the Commission approved item 8 by consent. Christian Chiles appeared before the Commission on behalf of the applicant.

16 Item #9 Michael J. Barrett Modification of Proffers East side of Barberton Drive at Oakland Avenue District 6 Beach CONSENT An application of Michael J. Barrett for a Modification of Conditional Change of Zoning approved by City Council on March 27, 2007 on property located on the east side of Barberton Drive at the intersection of Oakland Avenue, District 6, Beach. GPIN: PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to offset identified problems to the extent that the proposed rezoning is acceptable, ( 107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The project shall be developed substantially as shown on the Exhibits for Conditional Rezoning dated May 26, 2007 Conceptual Site Layout Plan entitled, Osprey Point Barberton Drive, Virginia Beach, Virginia dated 03/05/2012, Saltmeadow Bay, Boards 1-3, prepared by BRT Architects MSA, P.C., which has been exhibited to the City of Virginia Beach City Council and are on file with the Department of Planning (hereinafter Concept Plan ), which plan provides for 2.2 acres of open space PROFFER 2: The project shall not exceed 8 units. No Change. PROFFER 3: The height of the building shall not exceed 35 feet.

17 Item #9 Michael J. Barrett Page 2 PROFFER 4: The exterior design, material, and colors of the condominium building eight Townhome units shall adhere to the elevations shown on the exhibit dated May 26, 2005 and entitled: Osprey Point Saltmeadow Bay, Virginia Beach, VA Presentation Board 3A, dated December 15, 2011 prepared by BTR architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter Elevations ), which materials have been coordinated with the approved design, materials, and colors of the adjacent Saltmeadow Bay Apartment project. The materials will be Hardie-plank or similar cement fiber siding and shingles, brick on the face of the first floor garage, architectural shingles on the roof and porch railings of weather resistant vinyl or similar material. PROFFER 5: The building envelope (exterior walls, roof system and exposed floor at garage level) will be designed in accordance with industry standard, sound reduction construction materials and techniques. Installation of these exterior elements will be in accordance with accepted sound reduction construction practices. No Change. PROFFER 6: The Developer shall prepare a deed of easement to the City of Virginia Beach for natural open space acceptable in form and content to the Grantee, over the protected open space of this site that will preserve and protect these valuable resources in perpetuity. No Change. PROFFER 7: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. No Change. STAFF COMMENTS: The modified proffers listed above are acceptable as they ensure the quality of the design and the compatibility of the use. The City Attorney s Office has reviewed the proffer agreement dated May 30, 2012, and found it to be legally sufficient and in acceptable legal form.

18 Item #9 Michael J. Barrett Page 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 10 NAY 0 ABS 0 1 HODGSON RUCINSKI THORNTON By a vote of 10-0, the Commission approved item 9 by consent. The applicant, Michael Barrett, appeared before the Commission.

19 Item #10 Thamara & Vinesh Linyanage Conditional Use Permit 708 Kempsville Road District 2 Kempsville DEFERRED An application of Thamara & Vinesh Linyanage for a Conditional Use Permit for housing for seniors and disabled on property located at 708 Kempsville Road, District 2, Kempsville. GPIN: NAY0 ABS 0 1 HODGSON RUCINSKI THORNTON By a vote of 10-0, the Commission deferred item 10.

20 Item #11 Brava, L.L.C. Modification of a Conditional Use Permit 2002 Pacific Avenue District 6 Beach DEFERRED An application of Brava, L.L.C. for a Modification of a Conditional Use Permit for a commercial parking lot approved by City Council on August 23, 2011 on property located at 2002 Pacific Avenue, District 6, Beach. GPIN: NAY 0 ABS 0 1 HODGSON RUCINSKI THORNTON By a vote of 10-0, the Commission deferred item 11.

21 Item #12 Parkway Estates, L.L.C. Floodplain Variance South side of Nimmo Parkway District 7 Princess Anne REGULAR An application of Parkway Estates, L.L.C. for a Floodplain Variance to Section 5B of the Site Plan Ordinance on property located on the south side of Nimmo parkway, 390 feet east of Townfield Lane. GPIN: ; CONDITION The site shall be developed substantially in accordance with the submitted plan entitled Preliminary Subdivision of Parkway Estates, Sheets S-1.0 and S-1.1 dated 01/06/2010 and revised 05/22/2012, and prepared by WPL Landscape Architecture Land Surveying Civil Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 10 NAY 0 ABS 0 1 HODGSON

22 Item #12 Parkway Estates, L.L.C. Page 2 RUCINSKI THORNTON By a vote of 10-0, the Commission approved item 12. Billy Garrington appeared before the Commission on behalf of the applicant. David Bennett and Peg Ivey appeared in opposition.

23 Item #13 Stihl, Inc. Conditional Use Permit 825 London Bridge Road District 6 Beach CONSENT An application of Stihl, Inc. for a Conditional Use Permit for wind energy conversion system more than one on property located at 825 London Bridge Road, District 6, Beach. GPIN: CONDITION The WECS shall be maintained substantially in accordance with the submitted plan entitled Location of Wind Turbines at Guide Bar, dated 1/30/2012. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 10 NAY0 ABS 0 1

24 Item #13 Stihl, Inc. Page 2 HODGSON RUCINKSI THORNTON By a vote of 10-0, the Commission approved item 13 by consent. Raeford Eure appeared before the Commission on behalf of the applicant.

25 Item #14 An Ordinance to Amend Sections 111, 203, 901, and 1521, Repeal Section 233.3, and Add Section of the City Zoning Ordinance, defining the term Open-Air Markets, deleting the term Flea Markets, adding Open-Air Markets and deleting Flea Markets as Conditional Uses in the B-2, B-3, B-3A, B-4, B-4C, and RT-3 Districts and establishing off-street parking requirements for Open-Air Markets. CONSENT An Ordinance to Amend Sections 111, 203, 901, and 1521, Repeal Section 233.3, and Add Section of the City Zoning Ordinance, defining the term Open- Air Markets, deleting the term Flea Markets, adding Open-Air Markets and deleting Flea Markets as Conditional Uses in the B-2, B-3, B-3A, B-4, B-4C, and RT-3 Districts and establishing off-street parking requirements for Open-Air Markets. SUMMARY OF AMENDMENT With the advent of the Internet and innovative means of selling and buying products that in the past were typically sold and bought at Flea Market events, the concept of a Flea Market has expanded into products and services that were not common at Flea Market events of the past. Additionally, the increase in awareness of the importance of fresh, naturally grown food products, as well as the increased desire of residents to support those who provide Green products and services, has further altered the character of the traditional Flea Market. Reflective of these changes, the proposed amendments substitute the term Open- Air Market for the currently used term Flea Market. The definitions are substantively identical, but the definition of Open-Air Market clarifies that sales of produce of other farm products are included within the definition. The amendments also revise and, in some cases, delete various sections of the Zoning Ordinance pertaining to this change from Flea Markets to Open-Air Markets. 10 NAY 0 ABS 0 1

26 Item #14 An Ordinance to Amend Sections 111, 203, 901, and 1521, Page 2 HODGSON RUCINSKI THORNTON By a vote of 10-0, the Commission approved item 13 by consent Stephen White appeared before the Commission.

27 Item #15 George Ray Bunch, Jr. Conditional Use Permit 3316 Virginia Beach Boulevard District 3 Rose Hall WITHDRAWN An application of George Ray Bunch, Jr. for a Conditional Use Permit for automotive repair garage on property located at 3316 Virginia Beach Boulevard, District 3, Rose Hall. GPIN: NAY 0 ABS 0 1 HODSGON RUCINSKI THORNTON By a vote of 10-0, the Commission withdrew item 15.

28 Item #16 Courthouse Green, L.L.C. Change of Zoning 2504 North Landing Road District 7 Princess Anne CONSENT An application of Courthouse Green, L.L.C. for a Change of Zoning from PDH-2 with R-5D to P-1 Preservation on property located at 2504 North Landing Road, District 7, Princess Anne. GPIN: ; This request for a change of zoning from a Conditional PD-H2 Planned Unit Development with underlying R-5D Residential District to P-1 Preservation District is necessary to fully execute the requirements of the conditional rezoning granted by City Council. The open space areas depicted on the submitted plan are acceptable. It insures that the approved rezoning is consistent with the City Zoning Ordinance and the approved proffer agreement of the conditional rezoning. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this change of zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site 10 NAY 0 ABS 0 1

29 Item #16 Courthouse Green, L.L.C. Page 2 HODGSON RUCINSKI THORNTO N By a vote of 10-0, the Commission approved item 16 by consent.